Member States should also be able to introduce an additional safeguard for the protection of the counterparty’s legitimate interests, by granting the counterparty the right to terminate the contract upon no less than three months’ notice where the counterparty would be unfairly prejudiced by an obligation to continue to perform the contract up until the earliest date by which it could otherwise be able to terminate the contract under national law. This Directive is without prejudice to the rules on the burden of proof concerning unfair prejudice under national law.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
